“No Jab, No Pay” – A Criminal Offence

“No jab, no pay” – a criminal offence

Fiction:

Employers can insist on workers having a vaccine.

Law:

The offence of ‘battery’ is the intentional or reckless infliction of unlawful force. For a doctor, nurse or any person to administer a vaccine without the ‘informed consent’ of the recipient is to commit a criminal offence.  This is likely to be charged as ‘assault and battery’.  A person who intentionally encourages or assists the commission of an offence is themselves guilty of an offence contrary to Section 44 of the Serious Offences Act 1997. If a worker rolls up their sleeve reluctantly,  There are a number of employers who might read this article very nervously….

Consent is no defence

In a judgment still binding on Courts throughout the UK, the House of Lords (now the Supreme Court) held that where people commit violence against each other, even if the violence is in private and by mutual consent, an offence may still be committed. Reasoning that “society is entitled and bound to protect itself against a cult of violence”, the Court held that consent is not a valid defence. (R v Brown [1993] UKHL 19 (11 March 1993)

The facts concerned sadomasochistic practices of a group of men where the least serious offence charged and upheld was assault occasioning Actual Bodily Harm (ABH). ABH is a step up from battery in terms of seriousness. ABH is typically charged for scratches, bruises and bite marks. It may also embrace puncture of the flesh with a needle. Coming forward to 2020 and 2021, it would be difficult to imagine that puncture with a needle and injection of a foreign substance to the body, liable to cause adverse reaction to the recipient, is anything but very serious indeed. 

Informed Consent and Criminality

In the medical context, it has always been essential for someone administering a vaccine to know that the patient is giving their informed consent to receive it. The requirement for informed consent is fundamental to medical practice. (For further information about informed consent, see section 8 of the letter Stop Testing in Schools.)

The criminality arising under threat of ‘no jab no pay’ arises by the following logical steps:

  1. By definition, if agreement is coerced, it is not by consent; if access to the benefits of work is only given in return for consenting to a vaccine, that consent is not free
  2. A nurse giving the vaccine is required to ensure the worker gives informed consent, current at the time of treatment
  3. If a nurse knows that the worker’s consent is not free but is given under threat of ‘no jab no pay’ (or any detriment or bribe), the nurse commits an offence by administering the vaccine
  4. The employer who has encouraged or assisted that offence, by making the threat, or by facilitating (and thereby assisting) the vaccine appointment, is guilty of an offence under Section 44 (and/or section 45 and/or section 46) of the Serious Offences Act 1997

Further, and especially given public debate and publicity on the issue, it offers no defence for medical practices to turn their heads away from the circumstances in which any patient submits to a vaccine. Given the numbers of people being vaccinated, to take for granted that none are under threat, or that those who are will speak up of their own accord, is reckless. They will, after all, have shown submission to the threat just by turning up.

The doctor/nurse is therefore under a positive duty to ensure informed consent is given. That requires taking steps, which should be recorded prior to treatment if they wish to defend themselves against criminal prosecution, to ensure the patient is under no threat of ‘no jab no pay’ or similar. They will be reckless to conduct their practice otherwise.

The Courts can defend the people

We are unaware of this issue of criminality being raised before this post. However, most of us could not have imagined circumstances in which the freedom of society has been taken away by this Government. If ever there was a time for the Courts to exercise common law powers to stop this particular cult of violence, at least against large unwilling sections of the public, surely it is now.

If support were needed for the Courts in stepping up, they may look to Europe. The Right to Privacy under Article 8 of the European Convention on Human Rights (ECHR), which still applies in the UK even after Brexit, includes the right to bodily integrity.

That right is reflected in the recent statement of the Council of Europe, of which the UK is one of 47 member states, whose focus is the promotion of respect for human rights under the ECHR. It reflects the moral compass of the European Union and on 27th January 2021 published and adopted the resolution of its members to:

7.3 " with respect to ensuring high vaccine uptake: "

7.3.1 " ensure that citizens are informed that the vaccination is NOT mandatory and that no one is politically, socially, or otherwise pressured to get themselves vaccinated, if they do not wish to do so themselves; "

7.3.2 "ensure that no one is discriminated against for not having been vaccinated, due to possible health risks or not wanting to be vaccinated "

If there is to be any individual freedom left in this country, when asked are the Courts really going to permit coercion to vaccinate through denial of access to work? It is time for a prosecution by the CPS but, if necessary, by private prosecution.

Civil Protection of Employment Rights

If our analysis above is correct, then it also opens up remedy for any worker or applicant for work under threat, regardless of their length of service and without need to rely on disability or inability to have a vaccine. They may not, for example, have unfair dismissal rights before an Employment Tribunal, but they may still apply to the Courts for an injunction to restrain the employer from making any such threats.

Health workers

In passing, the analysis above applies to health workers as it does to anyone else. The argument is also relevant to ‘fairness’ in unfair dismissal claims and, regardless of the views of some legal commentators, any health worker is entitled to ask an Employment Tribunal to demand from the employer evidence as to why, in the particular circumstances of their job and their workplace, a vaccine is needed and has real benefit. Most lawyers seem to have paid little attention to evidence.

Evidence, perhaps, that the vulnerable are already protected, or that a worker has natural T-cell immunity already, or if other measures are available, or if the ‘case’ numbers are so low, or if the risk of adverse effect is comparatively greater than the risk from virus, or if the vaccine may be ineffective against transmission or against newly publicised variants or etc. etc. etc….

When it comes to evidence, scary headlines in mainstream media and press releases from No. 10 ought not to cut the mustard.

Whistleblowing

Any employee who raises the above with their employer and finds themselves subject to dismissed as a result may also be protected under whistleblower legislation and expert legal advice should be sought without delay. In seemingly strong cases, the Employment Tribunal has power to reverse the dismissal provided the application is made within 7 days.

Asymptomatic transmission of COVID-19 didn’t occur at all, study of 10 million finds

Asymptomatic transmission of COVID-19 didn’t occur at all, study of 10 million finds

By Michael Haynes as Published at LifeSite News

Only 300 asymptomatic cases in the study of nearly 10 million were discovered, and none of those tested positive for COVID-19.

WUHAN, China, December 23, 2020- A study of almost 10 million people in Wuhan, China, found that asymptomatic spread of COVID-19 did not occur at all, thus undermining the need for lockdowns, which are built on the premise of the virus being unwittingly spread by infectious, asymptomatic people.

Published in November in the scientific journal Nature Communicationsthe paper was compiled by 19 scientists, mainly from the Huazhong University of Science and Technology in Wuhan, but also from scientific institutions across China as well as in the U.K. and Australia. It focused on the residents of Wuhan, ground zero for COVID-19, where 9,899,828 people took part in a screening program between May 14 and June 1, which provided clear results as to the possibility of any asymptomatic transmission of the virus.

Asymptomatic transmission has been the underlying justification of lockdowns enforced all across the world. The most recent guidance from the Centers for Disease Control (CDC) still states that the virus “can be spread by people who do not have symptoms.” In fact, the CDC claimed that asymptomatic people “are estimated to account for more than 50 percent of transmissions.”

U.K. Health Secretary Matt Hancock also promoted this message, explaining that the concept of asymptomatic spread of COVID-19 led to the U.K. advocating masks and referring to the “problem of asymptomatic transmission.”

However, the new study in Nature Communications, titled “Post-lockdown SARS-CoV-2 nucleic acid screening in nearly 10 million residents of Wuhan, China,” debunked the concept of asymptomatic transmission. 

It stated that out of the nearly 10 million people in the study, “300 asymptomatic cases” were found. Contact tracing was then carried out and of those 300, no cases of COVID-19 were detected in any of them. “A total of 1,174 close contacts of the asymptomatic positive cases were traced, and they all tested negative for the COVID-19.”

Both the asymptomatic patients and their contacts were placed in isolation for two weeks, and after the fortnight, the results remained the same. “None of detected positive cases or their close contacts became symptomatic or newly confirmed with COVID-19 during the isolation period.”

Further evidence showed that “virus cultures” in the positive and repositive asymptomatic cases were all negative, “indicating no ‘viable virus’ in positive cases detected in this study.”

Ages of those found to be asymptomatic ranged between 10 and 89, with the asymptomatic positive rate being “lowest in children or adolescents aged 17 and below” and highest rate found among people older than 60.

The study also made the realization that due to a weakening of the virus itself, “newly infected persons were more likely to be asymptomatic and with a lower viral load than earlier infected cases.”

These results are not without precedent. In June, Dr. Maria Van Kerkhove, head of the World Health Organization’s (WHO) emerging diseases and zoonosis unit, shed doubt upon asymptomatic transmission. Speaking at a press conference, Van Kerkhove explained, “From the data we have, it still seems to be rare that an asymptomatic person actually transmits onward to a secondary individual.”

She then repeated the words “It’s very rare,” but despite her word choice of “rare,” Van Kerkhove could not point to a single case of asymptomatic transmission, noting that numerous reports “were not finding secondary transmission onward.”

Her comments went against the predominant narrative justifying lockdowns, and at the time the American Institute for Economic Research (AIER) highlighted that “she undermined the last bit of rationale there could be for lockdowns, mandated masks, social distancing regulation, and the entire apparatus of compulsion and coercion under which we’ve lived for three months.”

Swift to act, the WHO performed a U-turn, and the next day Van Kerkhove then declared that asymptomatic transmission was a “really complex question … We don’t actually have that answer yet.”

“I think that that’s misunderstanding to state that asymptomatic transmission globally is very rare. I was referring to a small subset of studies,” she added.

However, the new Wuhan study seems to present solid, scientific evidence that asymptomatic transmission is not just rare but nonexistent. Given that it found “no evidence that the identified asymptomatic positive cases were infectious,” the study raises important questions about lockdowns. 

Commenting on the study, The Conservative Tree House noted that “all of the current lockdown regulations, mask wearing requirements and social distancing rules/decrees are based on a complete fallacy of false assumptions.” The evidence presented in the study shows that “‘very rare’ actually means ‘never’ asymptomatic spread just doesn’t happen – EVER.”

Such a large scientific study of 10 million people should not be overlooked, Jeffrey Tucker argued in the AIER, as it should be “huge news,” paving the way “to open up everything immediately.” Yet media reports have been virtually nonexistent and “ignored,” a fact that Tucker explained: “The lockdown lobby ignores whatever contradicts their narrative, preferring unverified anecdotes over an actual scientific study of 10 million residents in what was the world’s first major hotspot for the disease we are trying to manage.”

The recent findings should enable society to reopen once more, according to the AIER. Without asymptomatic transmission, “the whole basis for post-curve-flattening lockdowns,” life should resume and “we could take comfort in our normal intuition that healthy people can get out and about with no risk to others.”

“We keep hearing about how we should follow the science,” Tucker added. “The claim is tired by now. We know what’s really happening.” 

He closed his commentary with the question: “With solid evidence that asymptomatic spread is nonsense, we have to ask: Who is making decisions and why?”

To Read the Original Article, please visit

https://www.lifesitenews.com/news/asymptomatic-transmission-of-covid-19-didnt-occur-at-all-study-of-10-million-finds

Looking More Closely at U.S Death Rates

Looking More Closely at U.S Death Rates

In the John-Hopkins newsletter a very interesting article emerged by Yanni Gu, revealing interesting research done by Genevieve Briand, assistant program director of the Applied Economics master’s degree program at Hopkins.

In her examination of the US death rates she found the following:

By retrieving data on the CDC website, Briand compiled a graph representing percentages of total deaths per age category from early February to early September.

 

According to new data, the U.S. currently ranks first in total COVID-19 cases, new cases per day and deaths. Genevieve Briand critically analyzed the effect of COVID-19 on U.S. deaths using data from the Centers for Disease Control and Prevention (CDC) in her webinar titled “COVID-19 Deaths: A Look at U.S. Data.”

From mid-March to mid-September, U.S. total deaths have reached 1.7 million, of which 200,000, or 12% of total deaths, are COVID-19-related. Instead of looking directly at COVID-19 deaths, Briand focused on total deaths per age group and per cause of death in the U.S. and used this information to shed light on the effects of COVID-19.

She explained that the significance of COVID-19 on U.S. deaths can be fully understood only through comparison to the number of total deaths in the United States. 

After retrieving data on the CDC website, Briand compiled a graph representing percentages of total deaths per age category from early February to early September, which includes the period from before COVID-19 was detected in the U.S. to after infection rates soared. 

Surprisingly, the deaths of older people stayed the same before and after COVID-19. Since COVID-19 mainly affects the elderly, experts expected an increase in the percentage of deaths in older age groups. However, this increase is not seen from the CDC data. In fact, the percentages of deaths among all age groups remain relatively the same. 

“The reason we have a higher number of reported COVID-19 deaths among older individuals than younger individuals is simply because every day in the U.S. older individuals die in higher numbers than younger individuals,” Briand said.

Briand also noted that 50,000 to 70,000 deaths are seen both before and after COVID-19, indicating that this number of deaths was normal long before COVID-19 emerged. Therefore, according to Briand, not only has COVID-19 had no effect on the percentage of deaths of older people, but it has also not increased the total number of deaths. 

These data analyses suggest that in contrast to most people’s assumptions, the number of deaths by COVID-19 is not alarming. In fact, it has relatively no effect on deaths in the United States.

This comes as a shock to many people. How is it that the data lie so far from our perception? 

To answer that question, Briand shifted her focus to the deaths per causes ranging from 2014 to 2020. There is a sudden increase in deaths in 2020 due to COVID-19. This is no surprise because COVID-19 emerged in the U.S. in early 2020, and thus COVID-19-related deaths increased drastically afterward.

Analysis of deaths per cause in 2018 revealed that the pattern of seasonal increase in the total number of deaths is a result of the rise in deaths by all causes, with the top three being heart disease, respiratory diseases, influenza and pneumonia.

“This is true every year. Every year in the U.S. when we observe the seasonal ups and downs, we have an increase of deaths due to all causes,” Briand pointed out.

When Briand looked at the 2020 data during that seasonal period, COVID-19-related deaths exceeded deaths from heart diseases. This was highly unusual since heart disease has always prevailed as the leading cause of deaths. However, when taking a closer look at the death numbers, she noted something strange. As Briand compared the number of deaths per cause during that period in 2020 to 2018, she noticed that instead of the expected drastic increase across all causes, there was a significant decrease in deaths due to heart disease. Even more surprising, as seen in the graph below, this sudden decline in deaths is observed for all other causes. 

Graph depicts the number of deaths per cause during that period in 2020 to 2018.

This trend is completely contrary to the pattern observed in all previous years. Interestingly, as depicted in the table below, the total decrease in deaths by other causes almost exactly equals the increase in deaths by COVID-19. This suggests, according to Briand, that the COVID-19 death toll is misleading. Briand believes that deaths due to heart diseases, respiratory diseases, influenza and pneumonia may instead be recategorized as being due to COVID-19. 

The CDC classified all deaths that are related to COVID-19 simply as COVID-19 deaths. Even patients dying from other underlying diseases but are infected with COVID-19 count as COVID-19 deaths. This is likely the main explanation as to why COVID-19 deaths drastically increased while deaths by all other diseases experienced a significant decrease.

“All of this points to no evidence that COVID-19 created any excess deaths. Total death numbers are not above normal death numbers. We found no evidence to the contrary,” Briand concluded.

In an interview with The News-Letter, Briand addressed the question of whether COVID-19 deaths can be called misleading since the infection might have exacerbated and even led to deaths by other underlying diseases.

“If [the COVID-19 death toll] was not misleading at all, what we should have observed is an increased number of heart attacks and increased COVID-19 numbers. But a decreased number of heart attacks and all the other death causes doesn’t give us a choice but to point to some misclassification,” Briand replied.

In other words, the effect of COVID-19 on deaths in the U.S. is considered problematic only when it increases the total number of deaths or the true death burden by a significant amount in addition to the expected deaths by other causes. Since the crude number of total deaths by all causes before and after COVID-19 has stayed the same, one can hardly say, in Briand’s view, that COVID-19 deaths are concerning.

Briand also mentioned that more research and data are needed to truly decipher the effect of COVID-19 on deaths in the United States.

Throughout the talk, Briand constantly emphasized that although COVID-19 is a serious national and global problem, she also stressed that society should never lose focus of the bigger picture — death in general. 

The death of a loved one, from COVID-19 or from other causes, is always tragic, Briand explained. Each life is equally important and we should be reminded that even during a global pandemic we should not forget about the tragic loss of lives from other causes.

According to Briand, the over-exaggeration of the COVID-19 death number may be due to the constant emphasis on COVID-19-related deaths and the habitual overlooking of deaths by other natural causes in society. 

During an interview with The News-Letter after the event, Poorna Dharmasena, a master’s candidate in Applied Economics, expressed his opinion about Briand’s concluding remarks.

“At the end of the day, it’s still a deadly virus. And over-exaggeration or not, to a certain degree, is irrelevant,” Dharmasena said.

When asked whether the public should be informed about this exaggeration in death numbers, Dharmasena stated that people have a right to know the truth. However, COVID-19 should still continuously be treated as a deadly disease to safeguard the vulnerable population.

To read the original article:

https://web.archive.org/web/20201127231611/https://www.jhunewsletter.com/article/2020/11/a-closer-look-at-u-s-deaths-due-to-covid-19